NOTICE OF LEGISLATIVE MANDATES CONTAINED IN THE OMNIBUS CONSOLIDATED AND
EMERGENCY SUPPLEMENTAL APPROPRIATIONS ACT FOR FISCAL YEAR 1999, P.L. 105-277;
SIGNED OCTOBER 21, 1998
Release Date: December 22, 1998
P.T.
National Institutes of Health
The purpose of this Notice is to provide information on the following
statutory provisions that limit the use of funds on National Institutes of
Health (NIH) grant, cooperative agreement, and contract awards:
(1) Continued Salary Limitation (Section 204)
(2) Anti-Lobbying (Section 503)
(3) Restriction on Distribution of Sterile Needles (Section 505)
(4) Purchase of American-Made Equipment and Products (Section 506)
(5) Acknowledgement of Federal Funding (Section 507)
(6) Ban on Funding of Human Embryo Research (Section 511)
(7) Limitation on Use of Funds for Promotion of Legalization of Controlled
Substances (Section 512)
(1) CONTINUED SALARY LIMITATION (Section 204)
None of the funds appropriated in this Act for the National Institutes of
Health and the Substance Abuse and Mental Health Services Administration shall
be used to pay the salary of an individual, through a grant or other
extramural mechanism, at a rate in excess of Executive Level III of the
Federal Executive Pay Scale, ($125,900) per year. Please reference related
information in this issue of the NIH Guide. Applications and proposals with
direct salaries for individuals in excess of $125,900 (the current Executive
Level III) per year will be adjusted in accordance with the legislative salary
limitation.
(2) ANTI-LOBBYING (Section 503)
No part of any appropriation contained in this Act shall be used, other than
for normal and recognized executive-legislative relationships, for publicity
or propaganda purposes, for the preparation, distribution, or use of any kit,
pamphlet, booklet, publication, radio, television, or video presentation
designed to support or defeat legislation pending before the Congress or any
State legislature, except in presentation to the Congress or any State
legislature itself. In addition, no part of any appropriation contained in
this Act shall be used to pay the salary or expenses of any grant or contract
recipient, or agent acting for such recipient, related to any activity
designed to influence legislation or appropriations pending before the
Congress or any State legislature.
(3) RESTRICTION ON DISTRIBUTION OF STERILE NEEDLES (Section 505)
Notwithstanding any other provision of this Act, no funds appropriated under
this Act shall be used to carry out any program of distributing sterile
needles or syringes for the hypodermic injection of any illegal drug.
(4) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS (Section 506)
It is the sense of the Congress that, to the greatest extent practicable, all
equipment and products purchased with funds made available in this Act should
be American-made. In providing financial assistance to, or entering into any
contract with, any entity using funds made available in this Act, the head of
each Federal agency, to the greatest extent practicable, shall provide to such
entity a notice describing this requirement. If it has been finally
determined by a court or Federal agency that any person intentionally affixed
a label bearing a "Made in America" inscription, or any inscription with the
same meaning, to any product sold in or shipped to the United States that is
not made in the United States, the person shall be ineligible to receive any
contract or subcontract made with funds made available in this Act, pursuant
to the debarment, suspension, and ineligibility procedures described in
sections 9.400 through 9.409 of title 48, Code of Federal Regulations.
(5) ACKNOWLEDGEMENT OF FEDERAL FUNDING (Section 507)
When issuing statements, press releases, requests for proposals, bid
solicitations and other documents describing projects or programs funded in
whole or in part with Federal money, all grantees receiving Federal funds
included in this Act, including but not limited to State and local governments
and recipients of Federal research grants, shall clearly state: (1) the
percentage of the total costs of the program or project which will be financed
with Federal money; (2) the dollar amount of Federal funds for the project or
program; and (3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental sources.
(6) BAN ON FUNDING OF HUMAN EMBRYO RESEARCH (Section 511)
This section continues the current ban that prohibits NIH from using
appropriated funds to support human embryo research. Grant, cooperative
agreement and contract funds may not be used for (1) the creation of a human
embryo or embryos for research purposes; or (2) research in which a human
embryo or embryos are destroyed, discarded, or knowingly subjected to risk of
injury or death greater than that allowed for research on fetuses in utero
under 45 CFR 46.208(a)(2) and section 498(b) of the Public Health Service Act
(42 U.S.C. 289g(b)). For purposes of this section, the term "human embryo or
embryos" includes any organism, not protected as a human subject under 45 CFR
46 as of the date of the enactment of this Act, that is derived by
fertilization, parthenogenesis, cloning, or any other means from one or more
human gametes or human diploid cells.
(7) LIMITATION ON USE OF FUNDS FOR PROMOTION OF LEGALIZATION OF CONTROLLED
SUBSTANCES (Section 512)
None of the funds made available in this Act may be used for any activity that
promotes the legalization of any drug or other substance included in schedule
I of the schedules of controlled substances established by section 202 of the
Controlled Substances Act (21 U.S.C. 812). The limitation above shall not
apply when there is significant medical evidence of a therapeutic advantage to
the use of such drug or other substance or that federally sponsored clinical
trials are being conducted to determine therapeutic advantage.
INQUIRIES
For more information concerning policies relating to grants, please visit
http://grants.nih.gov/grants/policy/policy.htm, which is the Grants Policy
portion of the NIH Home Page http://www.nih.gov. For information on contract
policy, please visit http://ocm.od.nih.gov/contracts/contract.htm.
Appropriate links to related regulations and policies will be provided with
the copy of this notice when posted. If additional questions remain, please
contact your awarding grants or contracts management office in the NIH
Institutes and Centers.